49–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–715 

DOMAIN OPENNESS THROUGH CONTINUED OVERSIGHT 

MATTERS ACT OF 2014 

DECEMBER 23, 2014.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. UPTON, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 4342] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 4342) to prohibit the National Telecommunications 

and Information Administration from relinquishing responsibility 

over the Internet domain name system until the Comptroller General of the United States submits to Congress a report on the role 

of the NTIA with respect to such system, having considered the 

same, report favorably thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 7 

Statement of General Performance Goals and Objectives .................................... 7 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 7 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 7 

Committee Cost Estimate ....................................................................................... 7 

Congressional Budget Office Estimate ................................................................... 7 

Federal Mandates Statement ................................................................................. 8 

Duplication of Federal Programs ............................................................................ 8 


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Disclosure of Directed Rule Makings ..................................................................... 8 

Advisory Committee Statement .............................................................................. 8 

Applicability to Legislative Branch ........................................................................ 8 

Section-by-Section Analysis of the Legislation ...................................................... 9 

Changes in Existing Law Made by the Bill, as Reported ..................................... 9 

Minority Views ......................................................................................................... 10 

PURPOSE AND SUMMARY

H.R. 4342, the ‘‘Domain Openness Through Continued Oversight 

Matters (DOTCOM) Act of 2014,’’ promotes accountability and 

transparency in the transition of oversight of domain name functions away from the National Telecommunications and Information 

Administration (NTIA). The legislation prohibits NTIA from relinquishing their role until the Government Accountability Office completes a report on the facts and consequences of any transition proposal considered by NTIA. 

BACKROUND AND NEED FOR LEGISLATION

What we now know as the Internet began as an experimental 

network designed and managed by the U.S. Defense Advanced Research Projects Agency (DARPA). Since the time the Internet was 

opened for commercial participation in 1992, the U.S. government 

has worked to reduce its involvement in governing the Internet 

when appropriate. As part of that process, the Internet Corporation 

for Assigned Names and Numbers (ICANN), a non-profit U.S. corporation, began managing the Internet Assigned Names and Numbers Authority (IANA) under contract with NTIA. The terms of the 

contract gave NTIA a role overseeing and approving changes proposed by IANA to the DNS root zone files. While the role has been 

described by some as administrative, the backstop of the government has been an important and effective measure for keeping 

both the process and potential bad actors in check. 

On March 14, 2014, NTIA announced its intention to transition 

its oversight of the Internet DNS root zone functions, currently performed by IANA, to the global multi-stakeholder community. The 

existing contract between the U.S. government and ICANN expires 

in September 2015, although the contract provides for additional 

renewal periods. 

In order to facilitate the transition, NTIA asked the global multistakeholder community to generate a proposal for a successor solution to the role of the government in the IANA functions. According 

to NTIA, any proposal should garner wide community support. In 

seeking proposals, NTIA also set forth the following criteria for any 

acceptable option: 

• It must support and enhance the multi-stakeholder model; 

• It must maintain the security, stability, and resiliency of 

the Internet DNS; 

• It must meet the needs and expectations of the global customers and partners of the IANA services; and, 

• It must maintain the openness of the Internet. 

These criteria are all important factors in any successful proposal, but there are still significant questions that remain to be answered before the transition should happen. The DOTCOM Act is 

intended to place a temporary hold on NTIA’s transition process as 

the non-partisan Government Accountability Office examines the 

facts and consequences of any proposal that NTIA considers. While 


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the criteria set forth by NTIA address many of the potential concerns that arise out of this transition, having a neutral third party 

evaluate the proposals and their adherence to the criteria helps to 

ensure that any successor solution is legitimately satisfactory and 

in the best interests of the Internet and its users. GAO is uniquely 

situated to provide an unbiased and thoughtful assessment of the 

transition and allow for others to evaluate based on the facts discovered. 

Chairmen Upton and Walden, along with Congressmen Shimkus, 

Blackburn, Kelly, and Rokita, wrote to GAO in June 2014 requesting an initial examination of the implications of the transition 

itself. The request included a look at the current contract and its 

protections, risks of completing or not completing the transition, 

and the need for any additional criteria, among other questions. 

This preliminary GAO report is important groundwork for NTIA’s 

consideration, but an additional examination of any submitted proposal is also necessary. Asking NTIA to simply pause during this 

investigative process ensures that any decision will not be hasty or 

poorly informed. While NTIA will hopefully take advantage of a 

GAO report when making their decision, nothing in the DOTCOM 

Act binds them to act in a specific way, regardless of GAO’s findings. No matter the outcome, having a full picture of the facts and 

consequences of such a significant change in the basic fabric of the 

Internet is the responsible action for the government to take. 

The Subcommittee has long supported the multistakeholder process for Internet governance, as demonstrated by the passage of 

H.R. 1580 and H. Con. Res. 127, both of which expressed the sentiment that the Internet should remain free from international regulation. However, support for the international multistakeholder 

model does not need to be blind or passive. 

By taking this type of deliberate step within the government decision making process, the United States is better able to ensure 

that the Internet remains open and free, a principle the Committee 

has long supported. With the ever present international threats to 

these values, it is essential that any successor solution be scrutinized so that if or when a transition takes place, the operation of 

the Internet, an engine of commerce and innovation, is not affected. 

HEARINGS

The Subcommittee began its consideration of this transition 

shortly after NTIA’s announcement of the intent to transfer to 

IANA functions. The Subcommittee on Communications and Technology held an oversight hearing on April 2, 2014, entitled ‘‘Ensuring the Security, Stability, Resilience, and Freedom of the Global 

Internet.’’ The Subcommittee received testimony from the Honorable Larry Strickling, Assistant Secretary for Communications and 

Information at the National Telecommunications and Information 

Administration; Mr. Fadi Chehade, President and CEO of the 

Internet Corporation for Assigned Names and Numbers; the Honorable David A. Gross, partner at Wiley Rein, LLP; Mr. Steve 

DelBianco, Executive Director of NetChoice; and Ms. Carolina Rossini, Project Director, Latin American Resource Center, Internet 

Governance and Human Rights Program at New American Foundation. 


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COMMITTEE CONSIDERATION

Representative John Shimkus, along with Rep. Todd Rokita, Rep. 

Renee Ellmers, Rep. Bob Latta, Rep. Joe Barton, and Rep. Marsha 

Blackburn, introduced H.R. 4342 on March 27, 2014. 

On April 10, 2014, the Subcommittee on Communications and 

Technology met in open markup session and favorably reported the 

bill to the full Committee by a vote of 16 to 10. 

On May 7 and 8, 2014, the Committee on Energy and Commerce 

met in open markup session and favorably reported the bill to the 

House by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. A motion by Mr. 

Upton to order H.R. 4342 reported to the House was agreed to by 

a voice vote. The following reflects the record votes taken during 

the Committee consideration: 


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COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal and objective of H.R. 4342 is to prohibit the NTIA from 

relinquishing responsibility over the Internet domain name system 

until the Comptroller General of the United States submits to Congress a report on the role of the NTIA with respect to such system. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 4342 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 4342 contains no earmarks, limited tax benefits, or limited 

tariff benefits. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

MAY 30, 2014. 

Hon. FRED UPTON, 

Chairman, Committee on Energy and Commence, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4342, the Domain Openness Through Continued Oversight Matters Act of 2014. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 4342—Domain Openness Through Continued Oversight Matters Act of 2014 

Under current law, the National Telecommunications and Information Agency (NTIA) has certain responsibilities in overseeing the 

Internet Domain Name System (DNS): the system that maintains 


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files that link domain names with numerical addresses needed to 

locate computer services and devices. The agency has announced 

plans to transfer those responsibilities to the international community; in preparation for that event, NTIA has requested a proposal 

from global stakeholders outlining a transition plan. 

H.R. 4342 would prohibit NTIA from relinquishing those responsibilities until the Government Accountability Office (GAO) has 

prepared a report reviewing the proposed transfer. The report must 

analyze advantages and disadvantages of NTIA’s diminished role, 

the proposals received from the international community for the 

transition plan, and the process NTIA and other agencies would 

use to evaluate those proposals. GAO would have one year after 

NTIA receives a proposal to complete the report. 

CBO estimates that implementing H.R. 4342 would cost about $1 

million over the 2015–2019 period, assuming the availability of appropriated funds. That amount includes administrative costs that 

would be incurred by NTIA as a result of the delay in transferring 

its DNS oversight responsibilities to a new organization and costs 

for GAO to prepare the required report. Pay-as-you-go procedures 

do not apply to this legislation because it would not affect direct 

spending or revenues. 

H.R. 4342 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The staff contact for this estimate is Susan Willie. The estimate 

was approved by Theresa Gullo, Deputy Assistant Director for 

Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 4342 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Enacting H.R. 4342 does not require any rule making. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 


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SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 2. Subsection 2(a) requires the Assistant Secretary of 

Commerce for Communications and Information to refrain from relinquishing or agreeing to a proposal that relinquishes the responsibilities of NTIA over the Internet DNS functions for a period of 

one year, during which time the Comptroller General will submit 

to Congress the report required by subsection (b) of the Act. 

Subsection (b) requires the Government Accountability Office to 

produce a report on the consequences of any proposals submitted 

to NTIA to transition oversight of the IANA functions away from 

the Department of Commerce. The report must contain detail on 

the role of NTIA with respect to the DNS; discussion and analysis 

of the implications of relinquishing its role; NTIA’s criteria for evaluating submitted proposals; detailed analysis of the proposals received by NTIA; discussion of the processes and criteria used by 

NTIA and other agencies for evaluating the proposals; and evaluation of whether acceptance of the proposals would raise national security concerns. In addition, the report must include a definition of 

the term ‘‘multistakeholder’’ and any other terms necessary to understand the report. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

This legislation does not amend any existing Federal statute. 


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1 H. Con. Res. 127, Roll Call Vote No. 555, 112th Cong. (Aug. 2, 2012); S. Con. Res. 50, Roll 

Call Vote No. 617, 112th Cong. (Dec. 5, 2012); and H.R. 1580, Roll Call Vote No. 145, 113th 

Cong. (May 14, 2013). 2 House Committee on Energy and Commerce, Subcommittee on Communications and Technology, Testimony of Carolina Rossini, Project Director, Internet Governance and Human Rights 

Program, New America Foundation, Hearing on Ensuring the Security, Stability, Resilience, and 

Freedom of the Global Internet, 113th Cong. (Apr. 2, 2014). 3 National Telecommunications and Information Administration, NTIA Announces Intent to 

Transition Key Internet Domain Name Functions (Mar. 14, 2014) (press release). 

MINORITY VIEWS 

I submit these minority views to explain my opposition to H.R. 

4342, the Domain Openness Through Continued Oversight Matters 

(DOTCOM) Act of 2014, as reported. 

The House of Representatives voted three times in the last two 

years to reaffirm the U.S. government’s commitment to a global 

multistakeholder model of Internet governance.1 A key element of 

this commitment is the termination of the Internet Assigned Numbers Authority (IANA) functions contract between the U.S. Department of Commerce’s National Telecommunications and Information 

Administration (NTIA) and the Internet Corporation for Assigned 

Names and Numbers (ICANN), which represents the final stage of 

the privatization of the domain name system (DNS) first initiated 

16 years ago. NTIA’s March 14, 2014, announcement to initiate the 

final transition process was a critical effort to inject fresh confidence into the multistakeholder model that has been under increasing attack in recent years. 

The DOTCOM Act suggests the U.S. Government Accountability 

Office’s (GAO) judgment would supersede a consensus plan developed by the multistakeholder community. This unilateral effort 

stands in contrast to Congress’ commitment to the multistakeholder approach to Internet governance and would create an artificial delay in the implementation of the transition. 

Authoritarian regimes use continued U.S. government stewardship of technical Internet functions as evidence for a need to move 

these functions to another governmental or intergovernmental entity like the United Nations. The witness representing civil society 

organizations stated at the April 2, 2014, hearing that ‘‘by forestalling the transfer of the IANA functions to the global multistakeholder community, [the DOTCOM Act] could further empower 

critics who favor a governmental or intergovernmental model of 

internet governance.’’ 2 NTIA has also specifically stated that it 

‘‘will not accept a proposal that replaces the NTIA role with a government-led or an inter-governmental organization solution.’’ 3

Moreover, the DOTCOM Act misrepresents the United States’ 

role in the management of the global Internet domain name system. NTIA’s role with respect to the technical functions of the 

Internet domain name system has always been ministerial and 


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4 House Committee on Energy and Commerce, Subcommittee on Communications and Technology, Testimony of Lawrence E. Strickling, Assistant Secretary for Communications and Information, Hearing on Ensuring the Security, Stability, Resilience, and Freedom of the Global Internet, 113th Cong. (Apr. 2, 2014). 5 NetMundial, NetMundial Multistakeholder Statement (Apr. 24, 2014) (online at 

netmundial.br/wp-content/uploads/2014/04/NETmundial-Multistakeholder-Document.pdf). 6 U.S. Department of State, Outcomes from the International Telecommunication Union 2014 

Plenipotentiary Conference in Busan, Republic of Korea (Nov. 10, 2014) (online at state.gov/r/pa/ 

prs/ps/2014/11/233914.htm). 7 ICANN, Proposed Charter for Enhancing ICANN Accountability Cross Community Working 

Group (CCWG) Submitted for Consideration (Nov. 5, 2014) (online at www.icann.org/news/announcement-2014-11-05-en). 

largely symbolic.4 The U.S. government has never had any legal or 

statutory responsibility to manage the domain name system. This 

very limited role was also always intended to be temporary, until 

such time as the Internet community could manage these functions 

itself. 

Finally, the transition announcement has already helped facilitate additional support for the bottom-up, consensus-based approach to Internet governance that the United States has historically championed. In April 2014, Brazil hosted the successful 

NetMundial conference where a multistakeholder group of technical experts, civil society, industry and governments all agreed 

that Internet governance should be built on democratic multistakeholder processes.5 In November 2014 at the International Telecommunication Union’s (ITU) 2014 Plenipotentiary conference in 

Busan, Korea, the United States achieved all of its objectives, including keeping the ITU’s work focused on its current mandate and 

not expanding its role into Internet and cybersecurity issues.6

ICANN is also working on enhancing accountability, addressing a 

key concern that has been raised as part of the IANA transition 

process.7 Congress and NTIA must continue to actively engage 

with the global community to strengthen the multistakeholder 

model that has made the Internet an open platform for commerce, 

innovation, and self-expression for peoples around the world. 

For these reasons, I oppose H.R. 4342. 

HENRY A. WAXMAN. 

Æ 


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